New York Court of Appeals
Chemical Bank v. PIC Motors Corp., and Aaron Siegel
March 23, 198358 N.Y.2d 1023
Summary
The New York Court of Appeals affirmed the Appellate Division’s order granting summary judgment in favor of the plaintiff. It held that incomplete discovery does not bar summary judgment absent an affidavit showing a triable issue, and that granting summary judgment while a counterclaim is pending is not an abuse of discretion without a showing of merit.